Clif Bar & Company and the legal community are waiting feverishly after news broke that the popular trail mix bar maker took steps to prevent any more distribution of its bars that might be harmful to those with allergies to peanuts and certain tree nuts. The company asked people who have peanut allergies to avoid eating the following bars:
- Clif Bar Nuts & Seeds Energy Bars
- Clif Bar Sierra Trail Mix Energy Bars
- Clif Mojo Mountain Mix Trail Mix Bars
These bars are among the latest to be recalled by the sunflower vendor SunOpta, because of possible listeria contamination.
Facts and Details Surrounding the Clif Bar recall
The following facts and details surrounding the Clif Bar recall were gathered from news reports:1
- The voluntary recall of Clif Bars was due to the possible presence of undeclared peanuts and some tree nuts found in some of its bars, including almonds, Brazil nuts, cashews, hazelnuts, macadamia nuts, pecans, walnuts, and coconuts.
- Clif Bar is doing the voluntary recall to help limit any liability or further chance of lawsuits by those who have peanut and food allergies.
- Clif Bars is aggressively advertising to get the word out that people with peanut and food allegories that they shouldn’t consume the listed food bars.
- Clif Bar became aware of the issue when it got several customer complaints alleging peanut or tree nut allergy reactions.
- Clif Bar is asking customers with peanut allergies to return the products to the store where they bought them for a full refund, if they experience allergic reaction or want to avoid an allergic reaction.
Is Clif Bars Negligent for Personal Injury to Consumers?
It’s unclear if anyone has been injured by this oversight yet, as no serious injuries or deaths have been reported in the media so far. However, the potential for this oversight and possible negligence to cause severe or possibly life-threatening injuries opens Clif Bar up to liability. The following are reasons for negligence as well as the entities that are liable for negligence in a food allergy lawsuit:
- Generally, a restaurant or food vendor is liable for negligence, if they carelessly serve or prepare food that is contaminated with a food ingredient that makes its consumers sick.
- Entities that can be held liable for negligence in a food allergy lawsuit include: restaurant owners and their staff; hospitals and their cooking staff; nursing homes and kitchen staff; airlines or cruise ships and their food staff; and other food companies.
- Consumers and individuals are also responsible; as they must inform any establishment that serves food that they have specific food allergies.
- If someone neglects to inform a restaurant that they have a food allergy, they may not be able to sue for liability.
- Any business that is held liable may be required to change its food preparation operation to avoid more cases and lawsuits.
- Food allergy cases are difficult to prove a lot of times, because the plaintiff must prove that the food has been contaminated.
Contact a Colorado Springs Personal Injury Lawyer at Wills Law, P.C.
If you own a restaurant or food preparation company and have been accused of negligence on behalf of an injured party, then you need the assistance of the experienced Colorado Springs Personal Injury Lawyer Wm Andrew “Drew” Wills II.
Call (719) 633-8500 or email the firm to schedule an initial consultation and learn what Drew’s services can offer you in your defense case.
Drew has more than 30 years’ experience in personal injury law, and he has helped many defend their honor, rights and get the justice they deserve, if they feel they have been wrongfully accused.
When you retain Drew, you can expect an aggressive defense lawyer who will champion your cause and build the strongest case possible to help you defend your rights.
Based in Colorado Springs, Drew represents clients throughout El Paso County and the entire state of Colorado.
1“Clif Bar & Company recalls bars due to possible undeclared peanuts” published in the Colorado Springs Gazette, July 2017.